We are proud to announce that we, recently, prevailed in a white-collar criminal matter concerning an alleged crime involving violations of Korea’s Banking Laws. The allegations stemmed from transactions between a payment processor and a major Korean financial institution.
Bail was granted for the non-Korean banker/businessman and, promptly, upon the granting of the bail by the Korean court, the Seoul Prosecution decided to drop all charges against our client. In Korea, it is very difficult to obtain bail in cases that are being vigorously pursued by the Prosecution. The conviction rate, in Korea, is greater than 99%.
We are proud to note that our criminal defense team has been successful in obtaining bail and not guilty verdicts for the majority of our foreign clients. Our success is based on the dedication, passion and proactive nature of a very experienced retired judge, prosecutor and one of Korea’s best known expat attorneys.
Article 95 of the Criminal Procedure Act notes that:
“When a motion for release on bail has been filed, it shall be allowed except in the following cases:
1. When the defendant commits an offense punishable with the death penalty, imprisonment for life or imprisonment or imprisonment without prison labor exceeding ten years;
2. When the defendant is recidivist offender or commits habitual crimes;
3. When there is reasonable ground to suspect that the defendant has destroyed or may destroy evidences;
4. When there is reasonable ground to suspect that the defendant flees or is likely to flee;
5. When the dwelling of the defendant is uncertain; and
6. When there is reasonable ground to suspect that the defendant does or may do harm to life, body or property of a victim, a person who is deemed to know the facts necessary for the public trial of the case, or a relative thereof.”
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